Circumstances sometimes call for a marriage to be declared invalid and non-existent. An annulment is a legal ruling that a marriage never took legal effect. Unlike divorce, which dissolves a legal marriage, an annulment states that a legal marriage never existed. A person who has received an annulment can truthfully say they were not married.
If you believe your marriage is invalid and wish to sever your relationship with your supposed spouse, consult a Red Bank annulment lawyer immediately. An experienced divorce attorney could explain the annulment process, help you turn a page on the relationship, and make a fresh start.
Most of the legal grounds for annulment complain that one or both partners could not marry legally at the time of the union, so the marriage never took effect. For example, bigamy is a ground for annulment because someone who already has a legal spouse cannot take another. If one of the spouses was insane when the marriage occurred and did not understand the implications of the marriage, the insanity is grounds to annul the marriage.
Other grounds for annulment include:
A person must meet limitations and conditions to assert any of these grounds for an annulment. A seasoned Red Bank attorney could advise what grounds a partner might assert to get an annulment in a specific case.
Tennessee Code Annotated 36-3-301 has specific requirements about the credentials of people authorized to marry people in this state. Some couples marry in religious ceremonies conducted by people who were ordained by an online church or quasi-religious organization. Those marriages might be invalid, and the couple could be eligible for an annulment.
Someone who requests an annulment asks the court to declare that they never had a legally valid marriage. Sometimes, parents worry that an annulment might make their children illegitimate. It does not. Children of parents who annulled their union have the same rights as children of divorced parents, and annulment does not affect a parent’s rights or obligations to the children.
Two people who have accumulated property together must divide it equitably and submit their agreement to the judge. The judge will decide how to divide their property if the couple cannot agree. A well-practiced Red Bank annulment attorney could help the couple determine which property belongs to each of them and assist in negotiating an equitable split.
Similarly, parents could agree on child custody, visitation, and support and submit those agreements to the court for approval. The court will evaluate them to ensure they support the children’s best interests and approve them if they do. If the parents cannot agree, the court will decide these issues.
Some churches, notably the Roman Catholic Church, issue annulments to couples who were married in a religious ceremony. Couples who receive a church annulment must understand it has no legal impact. Similarly, a legal annulment does not impact the church’s recognition of the marriage.
When a couple gets a legal annulment, a court affirms that the marriage was invalid from the beginning. When a church issues an annulment, it affirms that one or both partners did not meet the conditions for the sacrament of marriage within that church.
A knowledgeable Red Bank lawyer could explain the difference between a church declaration of nullity and a legal annulment. In many cases, couples who sought a church annulment also pursue a legal annulment through a court proceeding.
If you believe that your marriage was never valid, you may have grounds to seek an annulment. Speak with a Red Bank annulment lawyer about whether it is a viable option in your case.